Estate Planning Mistakes to Avoid in British Columbia — and How to Fix Them

by | Sep 26, 2025 | Estate Administration, Personal Planning, Wills

Why Estate Planning Matters in BC

Estate planning is one of those tasks that many people put off, but it plays a vital role in protecting your loved ones and ensuring your wishes are respected. In British Columbia, proper planning helps families avoid conflict, reduces the risk of legal disputes, and makes the probate process smoother. Without a plan in place, your assets may not be distributed the way you intend, and your family may be left with confusion and unnecessary stress.

Mistake 1: Not Having a Will

The most common mistake is simply not having a will. Many adults in BC don’t realize that if you pass away without one, provincial laws decide how your estate is divided. This may not match your wishes and could leave important people out entirely. The fix is straightforward: work with a lawyer to create a clear, legally valid will that reflects your current situation.

Mistake 2: Failing to Update Your Will

Life changes quickly — marriages, divorces, new children, property sales, or moving to a new home. A will that was accurate ten years ago might no longer reflect your circumstances today. Outdated documents can create disputes or unintended outcomes. The solution is to review your will every few years, or whenever a major life change happens, and make updates with professional guidance.

Mistake 3: Overlooking Power of Attorney and Representation Agreements

Estate planning isn’t just about what happens after you pass away. It also involves preparing for times when you may be unable to make decisions for yourself. Many people in BC overlook creating a Power of Attorney for financial decisions and a Representation Agreement for health care. Without these, your loved ones may need to go to court to make decisions on your behalf. Setting up these documents ensures someone you trust can act for you if needed.

Mistake 4: Choosing the Wrong Executor or Trustee

An executor or trustee has significant responsibilities, including handling your estate, paying debts, and distributing assets. Choosing someone who is not organized, not financially responsible, or not willing to take on the role can cause major issues. The fix is to carefully select someone trustworthy, ideally with good communication skills, and to confirm they are willing to take on the responsibility.

Mistake 5: Forgetting to Coordinate Beneficiary Designations

Some assets, such as life insurance or retirement accounts, pass directly to named beneficiaries. A common mistake is forgetting to update these designations after major life changes. Even if your will says one thing, the beneficiary designation on file takes priority. The solution is to regularly review and align your designations with your overall estate plan.

Mistake 6: Ignoring Tax and Creditor Issues

Estate plans that don’t consider taxes or potential creditor claims may leave your family with unexpected financial burdens. In BC, certain strategies can help minimize these risks, such as setting up trusts or structuring ownership properly. The fix is to work with professionals who can design a plan that takes tax and liability issues into account.

Mistake 7: Not Planning for Disability or Special Needs

Families with members who have disabilities or special needs often fail to set up the right structures, such as discretionary trusts. Without this planning, government benefits may be disrupted, or assets may not be protected. The solution is to create specialized planning tools that ensure long-term support while maintaining access to benefits.

When to Revisit Your Estate Plan

An estate plan is not a one-time project. In British Columbia, it’s best to review your documents every three to five years, or sooner if a major life event occurs. Births, deaths, marriages, separations, property purchases, or financial changes all warrant a review.

How Mather & Company Can Help

At Mather & Company, we guide clients through every step of estate planning. From drafting wills to setting up powers of attorney, creating representation agreements, and advising on tax or special needs planning, our team ensures your plan reflects your life and protects your loved ones. We work with clients across the Comox Valley and throughout BC, offering clear advice and practical solutions.

Building Peace of Mind for the Future

Estate planning isn’t just about paperwork — it’s about creating peace of mind for you and your family. By avoiding these common mistakes and keeping your documents up to date, you can be confident that your wishes will be honored and your loved ones will be supported.

Contact Mather & Company to get started today.

Contact Us

Call Us
Office: (250) 339-2902
Fax: (250) 890-9290

Email Us
reception@matherandcompany.ca

Address
Beaufort Professional Centre
306 – 1819 Beaufort Ave.
Comox, B.C., V9M 1R9

Our Reviews

Lorraine profile picture
Lorraine
01:40 02 Aug 25
There aren't words to express how kind and helpful Gavin has been in preparing my dad's documents regarding his Will, Power of Attorney and medical advocacy.

After my dad putting it off for years, we left Gavin's office with huge smiles and a much deeper understanding of the various processes connected to ensuring my dad's health, finances, and my ability to represent and advocate for him are all in order.

His rate was great and his service was above and beyond. Thank you, Gavin!
Response from the owner 02:28 02 Aug 25
Thank you Lorraine, it was a pleasure helping you and your father. What a fantastic review, much appreciated!
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Rebecca Mather
05:13 30 May 25
Gavin is personable, compassionate and truly listens to your concerns. Highly recommend as a lawyer.
Response from the owner 16:35 30 May 25
Thank you Rebecca
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rick johns
03:43 26 May 25
Gavin is always very helpful and listens to me when I want him to do something that I feel needs to be done on top of what he is already doing.
He also gives great advice with his years of experience. Another thing I found with his office is that his staff is very knowledgeable compared to some other offices and Lawyers I’ve had to deal with before him, a pleasant experience.

I would no trouble recommending him to anyone else, and I have.
Response from the owner 23:23 27 May 25
Thanks Rick, myself and the team at Mather & Company appreciate your recommendation!
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julius lumanta
03:23 08 May 25
Mather and Company Family Law Firm provides compassionate, knowledgeable, and highly effective legal representation. Their team is attentive, thorough, and genuinely committed to helping clients navigate difficult family matters with clarity and confidence. Mather and Company delivers excellent service with integrity and professionalism.
Response from the owner 19:37 08 May 25
Thanks for the outstanding review Julius!
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Amy Hollenbach
22:09 05 May 25
Working with Gavin was a wonderful experience. Highly recommend.
Response from the owner 02:31 06 May 25
Thank you Amy, appreciate you taking the time to share your experience with us.
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Jan Grzeslo
14:20 03 May 25
Gavin and his staff are very welcoming and professional. He accommodated my time constraints for a document that needed notarization promptly. Would highly recommend Gavin!
Response from the owner 02:30 06 May 25
Thank you!
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Marlo McMurchy
15:05 02 May 25
I send clients to Gavin all the time and have only heard five star reviews. He is exactly what you need in a lawyer/mediator. Would recommend him and his amazing team to my closest relatives, which I think says something about his character.
Response from the owner 02:30 06 May 25
Very kind Marlo, thank you very much.
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Seany Grogan
18:05 01 May 25
Very empathetic and understanding.

I Would highly recommend Gavin to anyone.
Response from the owner 02:30 06 May 25
Thank you for the recommendation.
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Francesca Friesen
16:21 01 May 25
Gavin was compassionate, responsive, and deeply committed to the well-being of my family. I always felt heard, protected, and empowered throughout the process. I highly recommend him to anyone seeking a lawyer who is not only highly skilled but truly cares.
Response from the owner 02:29 06 May 25
Thank you for such a lovely review Francesca, we really appreciate it!
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mslamontrichelle
15:17 01 May 25
Mather and Company were incredibly helpful when dealing with our remortgage! They went above and beyond to make sure everything went smoothly. Gavin is so friendly and professional. We will definitely be using their services for all of our family law needs! Highly recommend.
Response from the owner 02:28 06 May 25
Appreciate the kind review : )